Appeal No. 95-3989
Application No. 07/956,107
skill in the art to depart from the teachings of Sato and add
the surfactants to an uncured monomer composition, as required
by the appealed claims.
We will also not sustain the examiner's § 102/§ 103
rejection of the appealed claims over Yamamoto. Yamamoto
discloses a radiation curable composition that may contain a
wide variety of curable components, including monomers. The
composition of Yamamoto also includes a fluoric surfactant
that can be ionic, nonionic and amphoteric. The referenced
composition also includes a defoaming agent that can be
selected from alcohols, fatty acids, fatty acid esters,
polypropylene or polyethylene glycols, amines, amides, ethers,
phosphoric acid esters, metal soaps, silicone oils and
surfactants which contain perfluoroalkyl groups and phosphorus
atoms. According to appellant, the surfactant which serves as
the defoaming agent can be either ionic or nonionic.
Consequently, although it is possible to select from the
Yamamoto disclosure a radiation curable component, a fluoric
surfactant and a defoaming agent that meets the requirements
of the appealed claims, we agree with appellant that Yamamoto
would have provided no guidance to one of ordinary skill in
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